Ran into something on LR2000 that I'm hoping others can interpret. I looked into a particular area of interest and saw that all the claims are closed (none active). Most were abandoned in the early '90's. One was filed in 2010 and declared Null & Void in 2011 with the reason "REC AREA PL3137". How can I find more info on this reason? I presume REC AREA means recreational area but it could mean reclaimation area or ? How would I find the document I presume they are referencing with PL3137? Given that the area is unclaimable, how can I confirm what IS allowed (such as gas powered dry washing fed by manual shoveling)?
Background: this area has an old mining road thru it and is in a National Forest. Although gated off, part of it was rebuilt two years ago to support a municipal water diversion reconstruction project. Was last commercially mined in 1934/5. Has lots of walking/hiking/biking trails thru it.
That's not PL 3137 (Public Law) Kevin it's PLO 3137 (Public Land Order). Big difference.
Only the President through the Interior Department or Congress can withdraw minerals so looking in the Forest Service or Bureau of Reclamation records won't give you anything but a headache.
That PLO was a proclamation by John A Carver Jr. the Assistant Secretary of the Interior on August 6 1963. You can find the withdrawal on
page 8034 of the 28th Federal Register August 7, 1963. It's a 4,700 acre mineral withdrawal for the Dillon Reservoir Recreation Area. Another 1226 acres was added in 1964.
The BLM case number is 096886, you can look that up as COC 0096886 01 on the LR2000 Land Status tab. It's also outlined on the Master Title Plat for that Township.
The withdrawal order is one of the very few I have seen that prohibits prospecting as well as claiming. It was reviewed, as required, under the FLPMA of 1976 and has been reconfirmed.
It's not unusual to see closed claims in mineral withdrawal areas. The BLM will take any claim filing. Once they have adjudicated the land status they have "earned" their fees and the claim will be void and your filing fees will not be returned. We see a lot of these type of claims every year. Rather than checking the land status people just make a claim wherever they think there is a good spot and end up claiming over another claim, private land or withdrawn lands.
While many of you will see this as another chunk of gold land lost it would be instructive to look at the Federal register volume this withdrawal is found in. There are many many previous closures there being revoked. Just because a piece of land is withdrawn doesn't meant it's gone forever - no matter what many posters on the forum say.
If you think you can establish that a portion of a withdrawal has valuable minerals you can file with the BLM to have that withdrawal revoked. A few pieces of paper and $20 filing fee and the BLM has to go through the process of reassessing the mineral value of the land. If the land is more valuable for minerals you could get the right to make a claim on the newly opened land.
A lot of what is commonly seen as "permanent" land withdrawals can be changed on a whim in the future. Besides the thousands of mineral withdrawals that have been revoked and are now open to claim there are 60 former National Monuments that no longer exist. Nothing is permanent in politics. You and the other users of the Public Lands ultimately control their status. If you want a closed area opened why not plunk down the $20 and prove your case?
Heavy Pans
lie,rant and rave like a lunatic in a open public forum sic sic sic-John
